Patricia Antezana of Reed Smith. Courtesy photo Remember Courts' Power to Limit Discovery With Rule 26(b)(2)(C)
One mechanism that courts can use to limit discovery is Federal Rule 26(b)(2)(C). Rule 26(b)(2)(C) instructs that a court must limit the frequency or extent of discovery if it determines that: "the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or the proposed discovery is outside the scope permitted by Rule 26(b)(1)."
October 31, 2023 at 10:40 AM
7 minute read
Not only do the Federal Rules of Civil Procedure instruct parties to construe, administer, and employ the Federal Rules to secure the just, speedy, and inexpensive determination of every action, but they also instruct the courts to do the same. It is not uncommon for courts to instruct parties to work together to limit discovery, but parties must remember that courts may also limit discovery on their own. Indeed, the 2015 Amendments to Rule 26(b) "encourage judges to be more aggressive in identifying and discouraging discovery overuse." See Fed. R. Civ. P. 26, advisory committee notes to the 2015 Amendments.
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